Terms of Use

Last Revision: 12/4/2024

Please read these terms and conditions of use carefully. By using this website, you agree to these terms and conditions.

These terms and conditions of use (“Site Terms”) apply exclusively to use of any Websites produced by the Center for Phlebotomy Education, Inc. (“CPE”) and its subsidiaries, (collectively the “CPE Sites”) and any websites or web pages created and managed by the CPE. The CPE Sites shall collectively be referred to as the “Sites.” These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with CPE for products, services or otherwise.

CPE reserves the right to amend at any time any policies governing this website, including these Terms and Conditions and CPE’s Privacy Statement, by posting the amended terms on our website. You will be able to tell that a revision has been made by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are initially posted on this website. Your use of our website following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using this website.

Websites are created and managed by CPE. Use of the CPE Sites is strictly voluntary.

The information offered through the CPE Sites is presented for the purpose of providing general information on phlebotomy. Nothing contained in the CPE Sites is intended to be instructional for medical diagnosis or treatment or to be the practice of medicine or the provision of medical services.

In no event should content within the CPE Sites, including content within the Site or that generated by principals of CPE and delivered by email or other communication, be used in place of the standards of practice.

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Definitions

“Facility”— one physical structure, including satellite facilities staffed by employees who perform blood collection procedures on behalf of, or upon request by, the main facility within the same legally defined metropolitan area as the main facility.
“Academic department”— an educational institution with one or more campuses within its legally defined metropolitan area or county.
“Student”— an individual currently enrolled into a course that teaches blood collection procedures in one of the member's/subscriber's academic departments.
“Employee”— an individual currently employed by the member/subscribing facility.
“Representative”— employee of a corporation or organization whether located regionally (e.g., at corporate headquarters), intranationally, or internationally (e.g., members of a sales team).
“Digital version”— any pdf document, epub file, or html file purchased and made accessible to the purchaser via download from the CPE's web site, via access to CPE's web site or via email from authorized CPE personnel or electronic delivery system.

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1. Limited License

CPE grants you a limited license to make personal use only of these Sites. Such license is subject to the Site Terms and does not include:

1. any resale or commercial use of the Site or content therein;
2. the collection and use of any product listings or descriptions;
3. making derivative uses of the Site and its contents;
4. use of any data mining, robots or similar data gathering or extraction methods; or
5. downloading (other than the page caching) of any portion of any of the Site or any information contained on the Site, except as expressly permitted on the Site. Except as noted above, you are not conveyed any right or license by implication or otherwise in under any patent, trademark, or proprietary right of CPE or any third party.

2. Privacy Policy

CPE believes strongly in protecting user privacy. Please refer to our Privacy Statement for information on how CPE uses and collects information and protects your privacy.

“The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.”

3. Liability Disclaimer

Healthcare is an ever-changing science. As new research and clinical experience broadens our knowledge, changes in procedures are required. The authors of all material posted on www.phlebotomy.com have checked with sources believed to be reliable at the time of writing in their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication. However, neither the authors, editors, contributors, the Center for Phlebotomy Education, Inc. nor any other party who has been involved in the preparation or publication of this work warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. Readers are encouraged to confirm the information contained herein with other sources before applying information provided.

4. Copyright

Unless otherwise indicated, all website materials, including, without limitation all designs, text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of CPE, or their respective licensors. Use of the materials in this website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of CPE is strictly prohibited.

Web Pages

All materials posted on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published without the prior written permission of the Center for Phlebotomy Education, Inc. (CPE)

Web Page Exceptions:

PDF versions of the Tip of the Month series: All Tip of the Month pdfs are available for printing, forwarding, and distributing in their entirety and their original unedited format. Content of the Tip of the Month cannot be copied, reproduced and/or republished in whole or in part without the written permission of the Center for Phlebotomy Education, Inc.

PDF accessible on our Free Stuff web page: All pdfs accessible on the Free Stuff page of www.phlebotomy.com are available for printing, forwarding, and distributing in their entirety and their original unedited format. PDFs linked from the Free Stuff page cannot be republished in any publication or reposted on any other web page in whole or in part without the written permission of the Center for Phlebotomy Education, Inc.

Free Downloads

Users who download documents made available at no charge linked from our "Free Downloads" page are entitled to distribute hard copies (printed copies or photocopies) and digital versions (see Definitions) of articles to verifiable employees within their facility (see Definitions) or verifiable employees and students in an academic department (see Definitions) without prior permission provided that all copyright, unauthorized distribution, and other notices contained in each Document are maintained. Documents may be forwarded by email to verifiable employees within their facility or verifiable employees and students in an academic department under the same provision. Documents may also be placed on a facility’s intranet accessible only to verifiable employees within their facility or verifiable employees and students in an academic department only within the facility or academic department under the same provision. Documents may also be incorporated into facility/organization publications without permission in their entirety including all copyright and other elements and notices contained in the document and in their original unedited format. Any other unauthorized reproduction, duplication, forwarding, copying, distributing, republishing, translating, downloading, displaying, posting, faxing, or communicating an issue in whole or in part by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without permission is prohibited.

Permission-Free usage

Except for the limited permissions stated herein, there is no need to secure permission from CPE for the following permitted uses. All copyright notices must retained.

• Printing one copy of a CPE Web page on a printer for later reference, for yourself, for a student, or for a patient.
• Including excerpts from a CPE text in a college term paper or K–12 school project.
• Using a printout of a CPE web page as a continuing education tool or reading for classroom or continuing education purposes. Please cite the source as follows: “Copyrighted material used with permission of the Center for Phlebotomy Education, www.phlebotomy.com.”
• News media—in print, television, and radio—may use information posted on www.phlebotomy.com as part of their coverage, provided that each use is credited as follows:
  Copyrighted material used with permission of the Center for Phlebotomy Education, Inc., www.phlebotomy.com.
  Other media, including Internet publishers, book publishers, and academic journal publishers should follow the permissions guidelines “For all other uses” found below.

When using www.phlebotomy.com information in a scholarly work, term paper, or school project please use the following example as a guide for citing your source:

• Government, Industry Focus on Phlebotomy Ergonomics. [Web document]. The Center for Phlebotomy Education, Inc., Phlebotomy Today, 2002;3(6). https://www.phlebotomy.com/Newsletter.html.
  
• That is:
  Author Lastname, Firstname, others (if available). Title of Document. [Type of document]. Place published: Publisher, original publication year; Volume (issue). Web address of the cited document.

For all other uses:

Electronic publishing

The authors and publishers of material posted at www.phlebotomy.com, as a rule, do not give prior permission for duplicating material in other electronic forms such as other Web sites, intranet sites, CD-ROMs, DVDs, videotape, electronic slide show, personal digital assistant format, etc. Any such use of material posted on www.phlebotomy.com must receive specific approval from the author and/or director of the Center for Phlebotomy Education, Inc. To secure permission, send an email to [email protected] stating the nature of the use of the material, the number of duplications/applications, and the targeted recipient(s). Your request will be handled promptly. Use is not to be assumed without an official response granting permission.

Textbook and journal publishers

Authors of material posted at www.phlebotomy.com are pleased to assist textbook and journal publishers with use of their content. To receive specific approval from the author and/or director of the Center for Phlebotomy Education, Inc., send an email to [email protected] stating the nature of the use of the material, the number of duplications/applications, and the targeted recipient(s). Your request will be handled promptly. Use is not to be assumed without an official response granting permission.

5. Product-Specific Terms of Use

A. Videos

View Phlebotomy Channel streaming platform Terms here.

View Applied Phlebotomy DVDs Terms here.

B. Phlebotomy Today Blog Content

CPE grants permission to distribute Phlebotomy Today blog posts in their entirety without prior permission provided that they are forwarded unedited and in their entirety including all copyright and other notices contained in the post. CPE also grants permission to print copies for distribution to staff and students.

Any other unauthorized reproduction, duplication, forwarding, copying, distributing, republishing, translating, downloading, displaying, posting, faxing, or communicating an issue by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without permission is prohibited.

C. Phlebotomy Central™

All components of Phlebotomy Central™ belong to the Center for Phlebotomy Education, Inc. (CPE) and are offered for individual use. All rights to the material accessed through Phlebotomy Central are reserved. Material and content accessible within Phlebotomy Central cannot be reproduced, duplicated, forwarded, copied, distributed, republished, translated, downloaded, displayed, posted, faxed, or otherwise communicated in whole or in part by any means, including, but not limited to, electronic, mechanical, photocopying, recording without permission with the following exception: one copy of each document may be printed per student or employee of the subscribing “Facility” or “Academic department” as defined under “Definitions.”

Phlebotomy Central™ logins and passwords for access are not to be shared or otherwise provided to employees or students at non-member facilities or academic departments. (See “Definitions.”) The unique password and login provided to Phlebotomy Central members can be shared only with by employees of the member if the member is a “Facility” or students of the member if the member is an “Academic department” within the limits defined under “Definitions.” Phlebotomy Central membership rates are based on the number of individuals the facility or academic department requires to access the content of Phlebotomy Central (tiered pricing). Access beyond the purchased limitation is not permitted without an adjustment of the subscription rate. Unauthorized access may result in cancellation of the password and login at CPE’s discretion without refund for the unused balance of the subscription period. A link to the Phlebotomy Central™ login page may be incorporated into a password-protected virtual private network or intranet for remote access by employees/students of the member within the limits defined under “Definitions.” Phlebotomy Central membership rates are based on the number of individuals the facility or academic department requires to access the content of Phlebotomy Central (tiered pricing). Access beyond the purchased limitation is not permitted without an adjustment of the subscription rate. Unauthorized access may result in cancellation of the password and login at CPE’s discretion without refund for the unused balance of the subscription period.

D. Download documents

All electronically-transmitted articles belong to the Center for Phlebotomy Education, Inc. All rights are reserved. Except where permitted herein, access to these articles permits downloading the digital version (see Definitions) once. Printing/duplicating hard copies made from the digital version for distribution within one facility (see Definitions) only. Except where permitted herein, the digital version itself, in whole or in part, shall not be duplicated, forwarded, distributed, published, or viewed on more than one computer within one facility, or one e-reader per license.

The information contained in downloads are for the personal use of the purchaser and may not be incorporated into publications, databases, or software programs without the written consent of the Center for Phlebotomy Education, Inc. Except where permitted herein, making copies of these pages or any portion for any purpose other than the terms specified herein is a violation of United States copyright laws.

(i) ebooks

By purchasing an ebook, you have agreed to download the content for individual use only. A license is required, and included in the purchase, for each device upon which an ebook is downloaded/installed. Purchase of a standard ebook license permits the user to install the ebook file on any and all of devices for the user's personal use only. Users may not:

• print hard copies of ebook files. (Bound softcover versions are available for purchase.)
• make multiple copies or broadcast, transmit, store, publicly display, adapt or modify the content for any other purpose without written permission;
• lend, sell or give the eBook to another user in any form;
• place the ebook file on a network or file sharing service for use or access by anyone other than yourself.

All ebook purchases are final and non-refundable.

For a site license that permits facility-wide access or access within an academic institution, contact the Center for Phlebotomy Education for more information.

(ii) Venipuncture Tutor

All electronically-transmitted pages belong to the Center for Phlebotomy Education, Inc. and are offered for your personal use. All rights are reserved. Purchase of the “Tutor” permits downloading the purchased article once and printing copies for distribution within one facility only. No part of the document may be transmitted in any form or by any means other than in print. Digital copies in whole or in part shall not be duplicated, forwarded, distributed, published, or otherwise used for any other purpose or viewed on more than one computer within one facility only.

The information contained in downloads are for the personal use of the purchaser and may not be incorporated into publications, databases, or software programs without the written consent of the Center for Phlebotomy Education, Inc.

(iii) Clinical and Laboratory Standards Institute (CLSI) standards

Use of any Clinical and Laboratory Standards Institute (CLSI) publication from the Center for Phlebotomy Education, Inc. is protected by copyright. No part of it may be reproduced, stored in a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise) without written permission from CLSI. CLSI's copyright policy is as follows:

CLSI reserves all rights to all content of CLSI standards, guidelines, companion products, and all other CLSI materials. Any entity, person, or business who desires to copy, duplicate, replicate, reproduce, extract, present, or otherwise communicate any content of CLSI standards, guidelines, companion products, or other CLSI materials shall obtain express written consent from CLSI. Interested parties may send permission requests to [email protected].

(iv) Teaching Modules

Purchasers of one or more Abbreviated Teaching Modules are entitled to distribute hard copies (printed copies or photocopies) and digital versions (see Definitions) of articles and quizzes (collectively referred to as “Document” in this section only) to verifiable employees within their facility (see Definitions) or verifiable employees and students in an academic department (see Definitions) without prior permission provided that all copyright, unauthorized distribution, and other notices contained in each Document are maintained. Documents may be forwarded by email to verifiable employees within their facility or verifiable employees and students in an academic department under the same provision. Documents may also be placed on a facility’s intranet accessible only to verifiable employees within their facility or verifiable employees and students in an academic department only within the facility or academic department under the same provision. Neither printed (hard) copies nor digital versions in whole or in part may be forwarded by email or otherwise made available or accessible to non-employees or non-students outside of the facility or academic department. Any other unauthorized reproduction, duplication, forwarding, copying, distributing, republishing, translating, downloading, displaying, posting, faxing, or communicating an issue in whole or in part by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without permission is prohibited.

Abbreviated Teaching Modules—Corporate License

By special arrangement and at additional cost, a Corporate License extends the above rights to permit distribution/access to verifiable employees at multiple facilities within a system or to verifiable staff and students at multiple academic departments or campuses. These extended rights will be duly stated on the official invoice or receipt prepared at the time of purchase and sent to the purchaser. All other restrictions stated under “Abbreviated Teaching Modules” above apply.

(v) Phlebotomy Program Documents

These terms and conditions of use (“Document Terms”) apply exclusively to the use of any Phlebotomy School Startup Document created, managed, and/or produced by CPE and its assigns and/or subsidiaries. The Documents shall collectively be referred to as the “Documents.” These Document Terms do not alter in any way the terms or conditions of any other agreement you may have with CPE for products, services or otherwise.

Definitions

“Facility”— one physical structure, including satellite facilities staffed by employees who perform blood collection procedures on behalf of, or upon request by, the main facility within the same legally defined metropolitan area as the main facility.

“Phlebotomy training program” - an educational curriculum in the field of phlebotomy conducted at one or more campuses within its legally defined metropolitan area or county.

1. License Grant:
Subject to the terms of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable license to use the Document(s) for the purpose of operating one (1) phlebotomy training program as defined in “Definitions” above.
2. Limited License:
The Document(s) and their copyright are owned exclusively by CPE and are licensed for use by the licensee according to the Document Terms. CPE grants Licensee a limited license to make personal use only of the Document(s). Licensee may:
• Use the Documents for teaching purposes within Licensee's educational institution;
• Modify and adapt the Documents to suit Licensee's specific educational needs;
3. Such license is subject to the Document Terms and does not include:
• any resale or other distribution of the Document(s) or their content;
• The distribution, selling, renting, leasing, or sublicensing the Documents or their content to any third party including but not limited to posting, sharing, delivering, transferring, transmitting, emailing, uploading, or any other form of conveyance or transfer in digital or physical form;
• the right to remove any copyright or proprietary notices from the Documents;
• the right to use the Document(s) in multiple programs, facilities or institutions beyond what is permitted in these Terms.
4. Disclaimer:
Healthcare is an ever-changing science. As new research and clinical experience broadens our knowledge, changes in procedures are required. The Document(s), all emails sent from the agents, employees, and administrators of CPE, and advice provided by CPE and its consultants are believed to be reliable at the time of delivery and generally in accord with the standards accepted at the time of publication or transmission. However, neither the authors, editors, contributors, CPE nor any other party who has been involved in the preparation or publication of the Document(s), consultation, advice, or emails warrants that the information contained therein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. Licensees are encouraged to confirm the information contained In the Document(s) with legal, business, and other professional sources before applying information provided. CPE reserves the right to change any and all content contained in the Document(s) at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, hyperlink, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CPE. The information offered through the CPE Document(s) is presented for the purpose of providing general information on phlebotomy. Nothing contained in the CPE Document(s) is intended to be instructional for medical diagnosis or treatment or to be the practice of medicine or the provision of medical services. In no event should content within the CPE Document(s), including content generated by principals of CPE and delivered by email or other communication, be used in place of the standards of practice.
5. Limitation of Liability:
These Document(s) are provided on an “as is” basis without warranties of any kind, either express or implied. CPE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Despite our exhaustive and ongoing efforts to ensure accuracy, errors and omissions may exist. CPE does not represent or warrant that content in the Document(s) are accurate, authoritative, complete, reliable, current, or error-free. In no event shall CPE, or its officers, directors, shareholders, or employees, be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of the Document(s) or the materials contained in, or accessed through, the Document(s), including without limitation any damages caused by or resulting from reliance by user on any information obtained from CPE, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to CPE’s records, programs, or services. In no event shall the aggregate liability of CPE (whether in contract, warranty tort-including negligence, whether active, passive, or imputed-product liability, strict liability, or other theory) arising out of or relating to the use of the Document(s) exceed any compensation you pay, if any, to CPE for access to or use of these Sites.
6. Hyperlinks:
CPE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Document(s). Sites linked in the Document(s) are not under the control of CPE and CPE is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. CPE is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by CPE of the site or any information contained therein.
7. Indemnification
You agree to defend, indemnify and hold harmless CPE, its independent contractors, service providers and consultants, and their respective directors, employees shareholders and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney’s fees) arising out of your use of the Document(s) and any discussions or consultations regarding the Document(s), their use, or the practice of operating a phlebotomy program, including without limitation any actual or threatened suit, demand, or claim made against CPE and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your use of the Document(s) your violation of these Terms, or your violation of the rights of any third party.
8. Copyright:
Licensor retains all rights, title, and interest in and to the Documents. Unless otherwise indicated, content of all Documents, including, without limitation all designs, text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted intellectual property of CPE. Use of the Document(s)—including any purpose other than described above, modification, distribution, republication, display, or performance—is strictly prohibited. “The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.”
9. Attribution:
Licensee agrees to maintain the appropriate attribution to Licensor for the use of the Documents in educational materials or presentations as established by CPE in the footer of all Documents.
10. Termination:
10.1 Term. The terms of this Agreement shall take effect on the date of purchase and remain in effect in perpetuity unless and until terminated by Licensor as provided under this Agreement or applicable law.
10.2 Termination Rights. Either party may terminate this Agreement upon suitable notice to the other party only if either party is in material breach of this Agreement and either the breach cannot be cured or, if the breach can be cured, it is not cured within 30 days following the other Party's receipt of notice of such breach. Termination under this Section is effective on receipt of notice of termination.
10.3 Effect of Expiration or Termination. Upon the expiration or earlier termination of this Agreement:
(a) Licensee shall cease and desist use of all Documents and;
(b) promptly return or destroy all versions of the Documents—including originals and tangible and/or hard copies—containing, reflecting, incorporating or based on or derived from the Documents.
11. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Utah and in the federal or state courts of Utah county.
12. Changes to the Agreement:
CPE reserves the right to amend at any time any policies governing the Document(s), including these Terms and Conditions by posting the amended terms on our website. You will be able to tell that a revision has been made by the date of the last revision indicated at the top of the Terms. The amended terms shall be effective immediately when posted on our website. Your use of our Document(s) following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using the Document(s).
13. Refunds
CPE does not issue refunds for digital products once the order is confirmed and the product has been downloaded according to our records. We recommend contacting us at [email protected] for assistance if you experience any issues receiving or downloading the Document(s).
By using the Document(s), you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement.